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A08511 Summary:

A08511 Actions:

A08511 Committee Votes:

Committee:JUDICIARY   Chair:Dinowitz      
DATE:07/14/2020AYE/NAY:15/6  Action: Favorable refer to committee Codes        
Dinowitz
Aye
Palumbo
Nay
Lavine
Aye
Montesano
Nay
Zebrowski
Aye
Goodell
Nay
Weprin
Aye
Norris
Nay
Braunstein
Aye
Walsh
Nay
Simotas
Aye
Byrnes
Nay
Quart
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wright
Aye
Wallace
Aye
Walker
Aye

Committee:CODES   Chair:Lentol      
DATE:07/17/2020AYE/NAY:15/6  Action: Favorable refer to committee Rules        
Lentol
Aye
Morinello
Nay
Schimminger
Excused
Giglio
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Palumbo
Nay
Cymbrowitz
Aye
Garbarino
Nay
O'Donnell
Aye
Reilly
Nay
Lavine
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye

Committee:RULES   Chair:Heastie      
DATE:07/20/2020AYE/NAY:27/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Nolan
Aye
Hawley
Aye
Weinstein
Aye
Giglio
Aye
Ortiz
Aye
Malliotakis
Aye
Pretlow
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Glick
Excused
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

A08511 Floor Votes:

A08511 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8511--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 7, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  EPSTEIN,  D'URSO,  REYES, MOSLEY, GOTTFRIED,
          SEAWRIGHT -- read once and referred to the Committee on  Judiciary  --
          recommitted  to the Committee on Judiciary in accordance with Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  county  law  and  the New York city charter, in
          relation to the docketing of adjudications of  certain  violations  of
          laws enforced by the New York city department of consumer affairs
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 4 of section 918 of the county  law,  as  sepa-
     2  rately  amended  by chapters 419 and 473 of the laws of 1988, is amended
     3  to read as follows:
     4    4. Any other laws to the contrary notwithstanding, the county clerk in
     5  each of the counties within the city  of  New  York  is  authorized  and
     6  empowered  to  maintain  separate judgment docket volumes containing the
     7  printed transcript or transcripts, in strict alphabetical order of judg-
     8  ment made, entered and docketed in the civil court of the  city  of  New
     9  York  against individuals, corporations, and other entities on behalf of
    10  the parking violations bureau, the environmental control board, the taxi
    11  and limousine commission, the department of  consumer  affairs  and  the
    12  commissioner  of jurors of the city of New York, provided that the judg-
    13  ments made, entered and docketed in the civil court of the city  of  New
    14  York  against individuals, corporations, and other entities on behalf of
    15  the department of consumer affairs shall be limited to  final  decisions
    16  and  orders that either (a) award restitution, or monetary damages, to a
    17  consumer or worker; or (b) award such restitution, or monetary  damages,
    18  to  a  consumer  or  worker,  together with civil penalties or equitable
    19  relief.  These volumes may be maintained in the form of  computer  print
    20  outs  which  shall contain the date of judgment, the name and address of
    21  the judgment debtor or debtors, the amount of  the  judgment  and  other
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13287-06-0
        A. 8511--A                          2
 
     1  information  which  the  county clerk may deem necessary to sufficiently
     2  describe the parties to the action or proceeding or nature or the manner
     3  of the entry of the judgment. [Provided, however, with respect to  judg-
     4  ments  on  behalf of the parking violations bureau the] The county clerk
     5  may, in his or her discretion, in lieu of  such  volumes,  maintain  the
     6  aforementioned  data  in  a micrographic or computer retrievable format.
     7  With respect to judgments on behalf of  the  parking  violations  bureau
     8  such volumes or other format shall be maintained pursuant to this subdi-
     9  vision  for  only  those  individuals,  corporations, and other entities
    10  having vehicles registered in the counties within the city of New York.
    11    § 2. Section 918 of the county law is amended by adding a new subdivi-
    12  sion 5 to read as follows:
    13    5. Any other laws to the contrary notwithstanding, the  department  of
    14  consumer  affairs  may  file  a  certified copy of the final decision or
    15  order of such department, provided that such  final  decision  or  order
    16  either:  (a)  awards  restitution, or monetary damages, to a consumer or
    17  worker; or (b) awards  such  restitution,  or  monetary  damages,  to  a
    18  consumer  or  worker  together with civil penalties or equitable relief,
    19  with the county clerk of any county within the city of New York where  a
    20  respondent  resides or has a place of business, or, if the respondent is
    21  a non-resident of the city of New York and no  longer  has  a  place  of
    22  business  within  the city of New York at the time such department seeks
    23  to file such certified copy, the department of consumer affairs may file
    24  such certified copy of such final decision  or  order  with  the  county
    25  clerk  of  the  county  in  which  the department of consumer affairs is
    26  located.  Such consumer or worker may file  a  certified  copy  of  such
    27  final decision or order provided that such person has been assigned such
    28  final  decision  or  order  or a portion of such final decision or order
    29  authorizing restitution, imposing monetary damages or providing  equita-
    30  ble  relief  to such person.  The filing of such final decision or order
    31  shall have the full force and effect of a judgment duly docketed in  the
    32  office of such clerk. The final decision or order may be enforced by and
    33  in the name of the department, or by a person who has been assigned such
    34  decision or order or a portion thereof, in the same manner and with like
    35  effect  as  that  prescribed by the civil practice law and rules for the
    36  enforcement of a money judgment.
    37    § 3. Subdivision (h) of section 2203 of the New York city charter,  as
    38  amended  by  local  law  number  46 of the city of New York for the year
    39  2013, is amended to read as follows:
    40    (h) (1) Notwithstanding any inconsistent provision of law, the depart-
    41  ment shall be authorized, upon due notice and hearing, to  impose  civil
    42  penalties  for,  and  to  order  restitution or other forms of equitable
    43  relief, and payment of monetary damages, to  a  consumer  or  worker  in
    44  connection  with  the  violation of any laws or rules the enforcement of
    45  which is within the jurisdiction of  the  department  pursuant  to  this
    46  charter,  the administrative code or any other general, special or local
    47  law. The department shall have the power to render decisions and  orders
    48  and  to  impose  civil  penalties  for all such violations, and to order
    49  equitable relief for and payment of monetary damages in connection  with
    50  enforcement  of chapter 8 of title 20 of the administrative code. Except
    51  to the extent that dollar limits are  otherwise  specifically  provided,
    52  such  civil  penalties  shall  not  exceed five hundred dollars for each
    53  violation. All proceedings authorized pursuant to this subdivision shall
    54  be conducted in accordance with rules promulgated by  the  commissioner.
    55  The  remedies and penalties provided for in this subdivision shall be in
    56  addition to any other remedies or penalties provided for the enforcement
        A. 8511--A                          3
 
     1  of such provisions under any other law including, but  not  limited  to,
     2  civil or criminal actions or proceedings.
     3    (2) All such proceedings shall be commenced by the service of a notice
     4  of  violation.  The commissioner shall prescribe the form and wording of
     5  notices of violation. The notice  of  violation  or  copy  thereof  when
     6  filled  in  and served shall constitute notice of the violation charged,
     7  and, if sworn to or affirmed, shall be prima facie evidence of the facts
     8  contained therein. The notice of  violation  shall  contain  information
     9  advising  the  person  charged  of the manner and the time in which such
    10  person may either admit or deny the violation  charged  in  the  notice.
    11  Such  notice  of  violation  shall  also contain a warning to advise the
    12  person charged that failure to plead in the manner and  time  stated  in
    13  the  notice  may  result  in  a default decision and order being entered
    14  against such person. The original or a copy of the notice  of  violation
    15  shall  be  filed  and  retained  by the department and shall be deemed a
    16  record kept in the ordinary course of business.
    17    (3) Where a respondent has failed to plead within the time allowed  by
    18  the  rules  of  the commissioner or has failed to appear on a designated
    19  hearing date  or  a  subsequent  date  following  an  adjournment  of  a
    20  violation,  such  failure  to  plead  or appear shall be deemed, for all
    21  purposes, to be an admission of  liability  for  the  purposes  of  such
    22  violation  and  shall  be  grounds  for rendering a default decision and
    23  order imposing a penalty up to the maximum amount prescribed  under  law
    24  for the violation charged. For purposes of this subdivision, "designated
    25  violation" means:
    26    (A) any violation of title 20 of the administrative code or of any law
    27  or  rule,  the  enforcement  of  which is within the jurisdiction of the
    28  department, to the extent any final decision or order relating  to  such
    29  violation  authorizes  restitution, imposes an award of monetary damages
    30  or provides equitable relief to a consumer or a worker;
    31    (B) any violation of subchapters 1, 7, 11, 22, 29, 30,  31  or  35  of
    32  chapter  2 of title 20 of the administrative code or of chapters 8 or 12
    33  of title 20 of the administrative code  or  of  article  eleven  of  the
    34  general  business  law,  including  any rules or regulations promulgated
    35  thereunder, to the extent any final decision or order relating  to  such
    36  violation imposes both civil penalties and restitution, monetary damages
    37  or equitable relief to a consumer or a worker; or
    38    (C) any violation of subchapters 1, 8 or 14-a of chapter 5 of title 20
    39  of  the  administrative code, including any rules promulgated under such
    40  subchapters, to the extent any final decision or order relating to  such
    41  violation  imposes  civil  penalties  for two or more violations and the
    42  aggregate penalty for such violations exceeds five thousand dollars  and
    43  the  final  decision  or  order imposes restitution, monetary damages or
    44  equitable relief to a consumer.
    45    (4) At the request of a consumer or a  worker,  the  department  shall
    46  assign,  without  consideration or liability, a final decision or order,
    47  provided that such decision  or  order  solely  authorizes  restitution,
    48  imposes  an  award  of  monetary damages or provides equitable relief to
    49  such consumer or a worker, or that portion of such award that authorizes
    50  restitution, imposes an award of monetary damages or provides  equitable
    51  relief  to such consumer or a worker. After such assignment, the depart-
    52  ment shall not be required to take any further action  to  enforce  such
    53  restitution,  award  of  monetary  damages  or  equitable relief to such
    54  consumer.
    55    (5) Any final decision or order of the department relating to a desig-
    56  nated violation, whether the adjudication was had  by  hearing  or  upon
        A. 8511--A                          4

     1  default  or  otherwise,  shall constitute a judgment that may be entered
     2  and docketed in the civil court of the city of New  York  or  any  other
     3  place provided for the entry and docketing of civil judgments within the
     4  state  and  may be enforced without court proceedings in the same manner
     5  as the enforcement of money judgments  entered  and  docketed  in  civil
     6  actions.
     7    (6) Notwithstanding paragraph five of this subdivision, before a judg-
     8  ment based upon a default may be so entered and docketed, the department
     9  must have notified the respondent in accordance with this paragraph. The
    10  commissioner  shall determine the form of such notice. If the respondent
    11  is a licensee of the department, notice shall be provided by first class
    12  mail or hand delivery to the address the licensee  has  filed  with  the
    13  department  pursuant  to  section 20-112 of the administrative code. For
    14  all other respondents, the notice shall be served by first class mail or
    15  hand delivery to the address where the decision or order was sent to the
    16  respondent by the department. Such notice shall state that:
    17    (A) a decision and order of default was issued against the  respondent
    18  by  the department and the amounts of the penalty, restitution, or other
    19  monetary relief imposed;
    20    (B) a judgment will be entered and docketed in the civil court of  the
    21  city  of  New  York  or  any other place provided for the entry of civil
    22  judgments within the state of New York; and
    23    (C) entry and docketing of such judgment may be avoided by  requesting
    24  a stay of default for good cause shown and either requesting a new hear-
    25  ing  or  entering a plea pursuant to applicable rules within thirty days
    26  of the mailing or hand delivery date of such notice.
    27    (7) The department shall not enter any final decision or order  pursu-
    28  ant  to  this subdivision unless the notice of violation shall have been
    29  served as follows:
    30    (A) for any respondent that is  a  licensee  of  the  department,  the
    31  department  shall  serve a notice of violation of a designated violation
    32  in one of the following ways:
    33    (i) by mailing a copy of such notice to the address the  licensee  has
    34  filed  with the department pursuant to section 20-112 of the administra-
    35  tive code; or
    36    (ii) by personally serving the respondent or delivering the notice  of
    37  violation  to  a  person  of suitable age and discretion employed by the
    38  respondent at the premises at which the respondent conducts the business
    39  the operation of which gave rise to the violation.  In  the  case  of  a
    40  business  that is carried out at large and not at a fixed place of busi-
    41  ness or that has filed  with  the  department  an  out-of-state  address
    42  pursuant  to  section  20-112 of the administrative code, the department
    43  shall also serve a licensee or employee of such business at the location
    44  which gave rise to the violation, the secretary  of  state  pursuant  to
    45  section  three  hundred four of the business corporation law or an agent
    46  designated for service pursuant to rule three hundred  eighteen  of  the
    47  civil  practice law and rules or section three hundred five of the busi-
    48  ness corporation law.
    49    (B) For any respondent that is not a licensee of the  department,  the
    50  department  shall  serve a notice of violation of a designated violation
    51  in one of the following ways:
    52    (i) by serving the respondent in the same manner as is prescribed  for
    53  service  of process by article three of the civil practice law and rules
    54  or article three of the business corporation law;
        A. 8511--A                          5

     1    (ii) by delivering such  notice  to  a  person  of  suitable  age  and
     2  discretion employed by the respondent at the premises where the respond-
     3  ent is operating;
     4    (iii)  by  affixing such notice in a conspicuous place to the premises
     5  where the respondent is operating and delivering such  notice  by  first
     6  class mail to the address of such premises;
     7    (iv)  by  sending  such  notice  by  certified  mail,  return  receipt
     8  requested, to the respondent's last  known  business  address,  provided
     9  that delivery of such notice shall be restricted to the respondent; or
    10    (v)  by  sending  such  notice  by electronic mail to the respondent's
    11  electronic mail address,  provided  that  the  department  has  received
    12  communication from such electronic mail address in the one year prior to
    13  the electronic mailing of such notice, and provided further that service
    14  in the manner prescribed by clauses (i) though (iv) of this subparagraph
    15  are impracticable.
    16    (8)  Service by certified mail pursuant to clause (iv) of subparagraph
    17  B of paragraph seven of this subdivision shall be deemed  complete  upon
    18  the  mailing of the notice of violation described in such clause, unless
    19  the notice of violation is returned to the sender by the  United  States
    20  postal  service  for any reason other than refusal of delivery.  Service
    21  by electronic mail pursuant to clause (v) of subparagraph B of paragraph
    22  seven of this subdivision shall be deemed complete upon  the  electronic
    23  mailing  of  the notice of violation described in such clause unless the
    24  department receives an electronic message that its electronic mailing of
    25  the notice of violation was undeliverable.
    26    (9) Proof of service made pursuant to paragraph seven of this subdivi-
    27  sion shall be maintained by, and preserved within, the department for at
    28  least six years following the date of the final decision or order relat-
    29  ing to the adjudication of the subject notice of violation.
    30    (10) Entry and docketing of a judgment shall not limit the application
    31  of any other remedies or penalties provided for the enforcement of  laws
    32  or rules under the jurisdiction of the department.
    33    (11) For the purposes of this subdivision, no act or practice shall be
    34  deemed  a  deceptive trade practice unless it has been declared a decep-
    35  tive trade practice and described with  reasonable  particularity  in  a
    36  local law or in a rule or regulation promulgated by the commissioner.
    37    [(4)]  (12)  Notwithstanding  any other inconsistent provision of law,
    38  powers conferred upon the department by this subdivision  may  be  exer-
    39  cised  by  the  office  of administrative trials and hearings consistent
    40  with orders of the mayor issued in accordance with subdivisions two  and
    41  three of section one thousand forty-eight of this charter.
    42    §  4.  This  act shall take effect immediately and shall only apply to
    43  decisions or orders issued on or after such effective date.